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Motor Vehicle Litigation In most motor vehicle accident cases, the plaintiff's damages are reduced by the percentage of fault. The jury decides this on the basis of the evidence presented to them. To be held accountable for a personal injury the defendant must have been negligent during the incident. The amount of liability is determined by the extent of negligence that led to the incident. Liability The purpose of a motor vehicle accident claim is to seek damages for the injuries and losses caused by the negligence of another party. Unless the victim is in one of the few states that operate under a no fault insurance system the filing of an auto or trucking accident lawsuit requires that the negligence of a defendant or failure to act caused a collision with corresponding bodily injury. An experienced attorney can help you determine whether the driver who was at fault or another defendant is responsible for your losses. The majority of auto accidents cases depend on the plaintiff's ability to prove the defendant's negligence using tort liability principles. This includes a defendant's obligation to the victim, defendant's violation of this duty direct and immediate causation as well as injuries. A knowledgeable lawyer can assist in determining liability in cases where the insured driver or owner of the vehicle is a party in a lawsuit. The majority of insurance policies for automobiles include an affirmative guarantee of insurance to anyone operating the vehicle with owner's permission but subject to certain restrictions. This usually includes a look at CPLR SS 1602. Damages A successful motor vehicle lawsuit will establish the damages sustained by plaintiff. This is typically accomplished by providing comprehensive documents on the out-of-pocket expenses which are incurred, and also future losses that are anticipated due to the injuries suffered. These are known as non-economic and economic damages. The former is for things like medical expenses and lost income and the latter is for intangibles, such as suffering and pain. Oftentimes, it can be difficult to determine a specific dollar value to damages that are not economic such as mental anguish and loss of enjoyment life. Your attorney will help to calculate the damages you have suffered using a variety of methods. This includes retaining experts in the field of accident reconstruction who review photos of the scene, police reports, witness testimony and other evidence to help reconstruct how the accident occurred. Your attorney will also bolster your claim with expert opinions outlining the economic and non-economic impacts of your injuries. This includes cost estimates for future care and support, wage projections and other financial factors. These are crucial to ensure you are completely compensated for any losses that you have suffered and continue to suffer in the future. Comparative Fault A system referred to as comparative fault – or contributory negligence – determines how much fault an injured party can be held responsible for in a car accident. In many cases, it's an important aspect that your lawyer will have to prove. Many states have a type of a comparative fault system that allows victims to receive compensation regardless of their share of the blame is for an accident. But the amount of their settlement will be reduced according to their level of blame. So, for example the case where a judge awards you $100,000 for your injuries, but finds that you're 40 percent at fault, you'd be awarded only $60,000. However, the law is more complex than that since there are two distinct types of modified rules of comparative fault. The one is known as the 50% bar rule, which blocks an injured party from claiming damages when they are more 50% at fault. It is followed by some states, including Colorado and Utah. The other variant, called pure comparative negligence, allows victims to seek damages if they are found to be 99% at fault. Statute of limitations In the majority of instances, a person who is injured in a car accident is allowed to file a lawsuit against the person responsible for the crash. However, these lawsuits must be filed within a certain timeframe of limitations or else the victim's claim will be barred forever. The statute of limitation does not affect whether or whether an insurance company representing the defendant will settle the case. It is all about the event that triggered the case, and the incident or accident that caused the injury. Therefore, calculating exactly when the clock will begin to tick is essential for ensuring compliance with this important legal requirement. In New York, people who are hurt in car crashes generally have three years to file personal injury lawsuits. motor vehicle accident attorneys chesapeake can be reduced in certain situations, however. If a child is involved, such as the statute is stopped until the child becomes free, which is achieved by marriage or at the age of 18, usually two years after the accident. There are other exceptions, and an experienced attorney can offer advice on the particulars. Representation We have a wealth of experience in providing advice and representation to public agencies as well as utilities on issues related to motor vehicle litigation. Our clients include local county, state, and federal entities that regulate fixed public utilities like electric, water and gas services. We represent transportation companies, such as limousines and taxicabs before Public Utilities Commission on issues concerning rates, service and charges. We can help you determine the responsible parties for a motor vehicle accident and assist you in pursuing compensation. Our firm also assists victims of tractor-trailer collisions and car accidents, including the cases of wrongful death. Our practice in commercial motor vehicles provides advice to manufacturers, national leasing companies, as well as national logistics firms on auto accidents and product liability claims. We manage pre-suit assessments as well as proactively manage discovery. We utilize trial-ready expertise to ensure an optimal client outcome, whether through summary disposition or a favorable final decision. Our team counsels franchised motor vehicles motorbikes, truck dealers and motorcycles on issues related to factory-dealer relationships. We also represent them in New Motor Vehicle Board protests regarding terminations of dealerships and audits of warranty and incentive programs, as well as relocations.